| 1 | 1 | | 25 LC 47 3484 |
|---|
| 2 | 2 | | House Bill 728 |
|---|
| 3 | 3 | | By: Representatives Hilton of the 48 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Draper of the 90 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Ballard of the 147 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , and Carpenter |
|---|
| 10 | 10 | | of the 4 |
|---|
| 11 | 11 | | th |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | A BILL TO BE ENTITLED |
|---|
| 14 | 14 | | AN ACT |
|---|
| 15 | 15 | | To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to |
|---|
| 16 | 16 | | 1 |
|---|
| 17 | 17 | | elections and primaries generally, so as to limit the effective date of rules or regulations2 |
|---|
| 18 | 18 | | adopted by the State Election Board prior to a primary, election, or runoff; to provide for3 |
|---|
| 19 | 19 | | related matters; to repeal conflicting laws; and for other purposes.4 |
|---|
| 20 | 20 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
|---|
| 21 | 21 | | SECTION 1.6 |
|---|
| 22 | 22 | | Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and7 |
|---|
| 23 | 23 | | primaries generally, is amended by revising Code Section 21-2-35, relating to emergency8 |
|---|
| 24 | 24 | | rules and regulations, imminent peril requirement, and procedures, as follows:9 |
|---|
| 25 | 25 | | "21-2-35.10 |
|---|
| 26 | 26 | | (a) Except for emergency rule-making as provided for in subsection (b) of this Code |
|---|
| 27 | 27 | | 11 |
|---|
| 28 | 28 | | section, if the State Election Board adopts a rule, as defined in Code Section 50-13-2, or12 |
|---|
| 29 | 29 | | a regulation and the date of such adoption is within 75 days of the:13 |
|---|
| 30 | 30 | | (1) Date of a presidential preference primary, general primary, general election, or runoff14 |
|---|
| 31 | 31 | | thereof, the effective date of such rule or regulation shall be 30 days following the date15 |
|---|
| 32 | 32 | | of such primary, election, or runoff; or16 |
|---|
| 33 | 33 | | H. B. 728 |
|---|
| 34 | 34 | | - 1 - 25 LC 47 3484 |
|---|
| 35 | 35 | | (2) Date of a special primary, special election, or runoff thereof, the effective date of17 |
|---|
| 36 | 36 | | such rule or regulation shall be effective as otherwise provided by law; provided,18 |
|---|
| 37 | 37 | | however, that such rule or regulation shall not be applicable to the conducting of any such19 |
|---|
| 38 | 38 | | special primary, special election, or runoff.20 |
|---|
| 39 | 39 | | (b) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to21 |
|---|
| 40 | 40 | | emergency management, or Chapter 13 of Title 50, the 'Georgia Administrative Procedure22 |
|---|
| 41 | 41 | | Act,' to the contrary, the State Election Board may only adopt emergency rules or23 |
|---|
| 42 | 42 | | regulations in circumstances of imminent peril to public health, safety, or welfare. To24 |
|---|
| 43 | 43 | | adopt any such emergency rule or regulation, in addition to any other rule-making25 |
|---|
| 44 | 44 | | requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:26 |
|---|
| 45 | 45 | | (1) Give notice to the public of its intended action;27 |
|---|
| 46 | 46 | | (2) Immediately upon the setting of the date and time of the meeting at which such28 |
|---|
| 47 | 47 | | emergency rule or regulation is to be considered, give notice by email of its intended29 |
|---|
| 48 | 48 | | action to:30 |
|---|
| 49 | 49 | | (A) The Governor;31 |
|---|
| 50 | 50 | | (B) The Lieutenant Governor;32 |
|---|
| 51 | 51 | | (C) The Speaker of the House of Representatives;33 |
|---|
| 52 | 52 | | (D) The chairpersons of the standing committees of each house of the General34 |
|---|
| 53 | 53 | | Assembly tasked with election matters;35 |
|---|
| 54 | 54 | | (E) The Secretary of State;36 |
|---|
| 55 | 55 | | (F) Legislative counsel; and37 |
|---|
| 56 | 56 | | (G) The chief executive officer of each political party registered pursuant to38 |
|---|
| 57 | 57 | | subsection (a) of Code Section 21-2-110; and39 |
|---|
| 58 | 58 | | (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature40 |
|---|
| 59 | 59 | | of the emergency and the manner in which such emergency represents an imminent peril41 |
|---|
| 60 | 60 | | to public health, safety, or welfare.42 |
|---|
| 61 | 61 | | H. B. 728 |
|---|
| 62 | 62 | | - 2 - 25 LC 47 3484 |
|---|
| 63 | 63 | | (b)(c) Upon adoption or promulgation of any emergency rule or regulation pursuant to43 |
|---|
| 64 | 64 | | subsection (b) of this Code section, a majority of the State Election Board shall certify in44 |
|---|
| 65 | 65 | | writing that such emergency rule or regulation was made in strict and exact compliance45 |
|---|
| 66 | 66 | | with the provisions of this chapter and subsection (e) of Code Section 50-13-4.46 |
|---|
| 67 | 67 | | (c)(d) In the event of any conflict between this Code section and any provision of47 |
|---|
| 68 | 68 | | Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting48 |
|---|
| 69 | 69 | | provision."49 |
|---|
| 70 | 70 | | SECTION 2.50 |
|---|
| 71 | 71 | | All laws and parts of laws in conflict with this Act are repealed.51 |
|---|
| 72 | 72 | | H. B. 728 |
|---|
| 73 | 73 | | - 3 - |
|---|